civil law and its system are a set of normative and legal acts, which are designed to ensure the regulation of the legal relationship.Its structure includes the code and federal laws that have been adopted in accordance with it.
civil legislation of the Russian Federation provides for other acts containing civil norms.These include, in particular, should include the Decrees of the President, government regulations, adopted pursuant to and in accordance with laws, acts of departmental character (acts of executive and federal bodies)
concept of "civil law" is somewhat narrower than the concept of its sources.They are the form in which the relevant rules are fixed.To civil sources include:
- Constitution.
- international law, contracts (except in cases where the application of an international treaty requires the promulgation of a national act).
- federal laws, the provisions of the Code.
- bylaws (decrees of the Government, the President, the acts of the executive federal bodies, etc.).
- customs characteristic of the business turnover.
civil legislation, its acts, the provisions have no retroactive force.They apply to relationships that were formed after the entry into force.Civil legislation spread throughout the country.The exception is laid down in separate acts.
Civil legislation shall be officially published.Acts are published not later than seven days after they are signed by the President.
civil legislation in its provisions establishes a civil right.It is a system of legal norms that regulate moral as well as economic relations.These legal relations are based on the autonomy of the will, equality, property of self-sufficiency of the parties.The subject of the civil law is considered to be a sphere of social interaction.
In legal literature, the property relations are divided into rem (related to the possession, use, disposal) and liability (related to the transfer of wealth).As an act of moral interactions relationship due to the emergence and implementation of exclusive property rights (intellectual activity) and directly related to the person (they also include activities to ensure the protection of honor, reputation, etc.).There are also relationships to define the legal status of parties to civil transactions.They call such organizational interaction.
methods of civil law branch called complex methods and techniques by means of which produced a legal effect on the spectrum of social interaction.Among the main features of this complex should be noted:
- legally established equality of the parties, the parties involved.
- autonomy of the will.In this case, it refers to the fact that the emergence of the civil rights and duties carried out in accordance with a bilateral act;outside interference is permissible only in exceptional cases specified by law.
- separate property.
- guarantee to ensure the protection of the court order.
- property-emerging responsibility in connection with the emergence of relationship.In this case, it provided that the penalty serves as an object not a person and property;the responsibility of civil nature is endowed with in accordance with the general rule that the compensation feature.
